Part A-Registration And Regulation Of Trade
Unions And Employers' Organisations

95. Requirements for registration of trade
unions or employers' organisations

(1) Any trade union may apply to the
registrar for registration if-

(a) it has adopted a name that meets the
requirements of subsection (4);

(b) it has adopted a constitution that
meets the requirements of subsections (5) and (6);

(c) it has an address in the Republic;
and

(d) it is independent.

(2) A trade union is independent if-

(a) it is not under the direct or
indirect control of any employer or employers' organisation; and

(b) it is free of any interference or
influence of any kind from any employer or employers' organisation.

(3) Any employers' organisation may apply
to the registrar for registration if-

(a) it has adopted a name that meets the
requirements of subsection (4);

(b) it has adopted a constitution that
meets the requirements of subsections (5) and (6), and

(c) it has an address in the Republic.

(4) Any trade union or employers'
organisation that intends to register may not have a name or shortened
form of the name that so closely resembles the name or shortened form of
the name of another trade union or employers' organisation that it is
likely to mislead or cause confusion.

(5) The constitution of any trade union or
employers' organisation that intends to register must-

(a) state that the trade union or
employers' organisation is an association not for gain;

(b) prescribe qualifications for, and
admission to, membership;

(c) establish the circumstances in which
a member will no longer be entitled to the benefits of membership;

(d) provide for the termination of
membership;

(e) provide for appeals against loss of
the benefits of membership or against termination of membership,
prescribe a procedure for those appeals and determine the body to which
those appeals may be made;

(f) provide for membership fees and the method
for determining member-ship fees and other payments by members;

(g) prescribe rules for the convening and
conducting of meetings of members and meetings of representatives of
members, including the quorum required for, and the minutes to be kept
of, those meetings;

(h) establish the manner in which
decisions are to be made;

(i) establish the office of secretary and
define its functions;

(j) provide for other office-bearers,
officials and, in the case of a trade union, trade union
representatives, and define their respective functions;

(k) prescribe a procedure for nominating
or electing office-bearers and, in the case of a trade union, trade
union representatives;

(l) prescribe a procedure for appointing,
or nominating and electing, officials;

(m) establish the circumstances and
manner in which office-bearers, officials and, in the case of a trade
union, trade union representatives, may be removed from office;

(n) provide for appeals against removal
from office of office-bearers, officials and, in the case of a trade
union, trade union representatives, prescribe a procedure for those
appeals and determine the body to which those appeals may be made;

(o) establish the circumstances and
manner in which a ballot must be conducted;

(p) provide that the trade union or
employers' organisation, before calling a strike or lock-out, must
conduct a ballot of those of its members in respect of whom it intends
to call the strike or lock-out;

(q) provide that members of the trade
union or employers' organisation may not be disciplined or have their
membership terminated for failure or refusal to participate in a strike
or lock-out if-

(i) no ballot was held about the strike
or lock-out; or

(ii) a ballot was held but a majority
of the members who voted did not vote in favour of the strike or
lock-out;

(r) provide for banking and investing its
money;

(s) establish the purposes for which its
money may be used;

(t) provide for acquiring and controlling
property;

(u) determine a date for the end of its
financial year;

(v) prescribe a procedure for changing
its constitution; and

(w) prescribe a procedure by which it may
resolve to wind up.

(6) The constitution of any trade union or
employers' organisation which intends to register may not include any
provision that discriminates directly or indirectly against any person on
the grounds of race or sex.

96. Registration of trade unions or
employers' organisations

(1) Any trade union or employers'
organisation may apply for registration by submitting to the registrar-

(a) a prescribed form that has been
properly completed;

(b) a copy of its constitution; and

(c) any other information that may assist
the registrar to determine whether or not the trade union or employers'
organisation meets the requirements for registration.

(2) The registrar may require further
information in support of the application.

(3) The registrar-

(a) must consider the application and any
further information provided by the applicant; and

(b) if satisfied that the applicant meets
the requirements for registration, must register the applicant by
entering the applicant's name in the register of trade unions or the
register of employers' organisations.

(4) If the registrar is not satisfied that
the applicant meets the requirements for registration, the registrar-

(a) must send the applicant a written
notice of the decision and the reasons for that decision; and

(b) in that notice, must inform the
applicant that it has 30 days from the date of the notice to meet those
requirements.

(5) If, within that 30-day period, the
applicant meets the requirements for registration, the registrar must
register the applicant by entering the applicant's name in the appropriate
register.

(6) If, within that 30-day period, an
applicant has attempted to meet the requirements for registration but the
registrar concludes that the applicant has failed to do so, the registrar
must-

(a) refuse to register the applicant; and

(b) notify the applicant in writing of
that decision.

(7) After registering the applicant, the
registrar must-

(a) issue a certificate of registration
in the applicant's name; and

(b) send the certificate and a certified
copy of the registered constitution to the applicant.

97. Effect of registration of trade union
or employers' organisation

(1) A certificate of registration is
sufficient proof that a registered trade union or registered employers'
organisation is a body corporate.

(2) The fact that a person is a member of a
registered trade union or a registered employers' organisation does not
make that person liable for any of the obligations or liabilities of the
trade union or employers' organisation.

(3) A member, office-bearer or official of
a registered trade union or a registered employers' organisation or, in
the case of a trade union, a trade union representative is not personally
liable for any loss suffered by any person as a result of an act performed
or omitted in good faith by the member, office-bearer, official or trade
union representative while performing their functions for or on behalf of
the trade union or employers' organisation.

(4) Service of any document directed to a
registered trade union or employers' organisation at the address most
recently provided to the registrar will be for all purposes service of
that document on that trade union or employers' organisation.

98. Accounting records and audits

(1) Every registered trade union and every
registered employers' organisation must, to the standards of generally
accepted accounting practice, principles and procedures-

(a) keep books and records of its income,
expenditure, assets and liabilities; and

(b) within six months after the end of each
financial year, prepare financial statements, including at least-

(i) a statement of income and expenditure
for the previous financial year; and

(ii) a balance sheet showing its assets,
liabilities and financial position as at the end of the previous
financial year.

(2) Every registered trade union and every
registered employers' organisation must arrange for an annual audit of its
books and records of account and its financial statements by an auditor
who must-

(a) conduct the audit in accordance with
generally accepted auditing standards; and

(b) report in writing to the trade union
or employers' organisation and in that report-

(i) express an opinion as to whether or
not the trade union or employers' organisation has complied with those
provisions of its constitution relating to financial matters; and

(ii) if the trade union is a party to
an agency shop agreement referred to in section 25 or a closed shop
agreement referred to in section 26 express an opinion as to whether
or not the trade union has complied with the provisions of those
sections.

(a) make the financial statements and the
auditor's report available to its members for inspection; and

(b) submit those statements and the
auditor's report to a meeting or meetings of its members or their
representatives as provided for in its constitution.

(4) Every registered trade union and every
registered employers' organisation must preserve each of its books of
account, supporting vouchers, records of subscriptions or levies paid by
its members, income and expenditure statements, balance sheets, and
auditor's reports, in an original or reproduced form, for a period of
three years from the end of the financial year to which they relate.

99. Duty to keep records

In addition to the
records required by section 98, every registered trade union and every
registered employers' organisation must keep-

(a) a list of its members;

(b) the minutes of its meetings, in an
original or reproduced form, for a period of three years from the end of
the financial, year to which they relate; and

(c) the ballot papers for a period of
three years from the date of every ballot.

100. Duty to provide information to
registrar

Every registered trade union and every registered employers'
organisation must provide to the registrar-

(a) by 31 March each year, a statement,
certified by the secretary that it accords with its records, showing the
number of members as at 31 December of the previous year and any other
related details that may be required by the registrar;

(b) within 30 days of receipt of its
auditor's report, a certified copy of that report and of the financial
statements;

(c) within 30 days of receipt of a
written request by the registrar, an explanation of anything relating to
the statement of membership, the auditor's report or the financial
statements;

(d) within 30 days of any appointment or
election of its national office-bearers, the names and work addresses of
those office-bearers, even if their appointment or election did not
result in any changes to its office-bearers; and

(e) 30 days before a new address for
service of documents will take effect, notice of that change of address.

101. Changing constitution or name of
registered trade unions or employers' organisations

(1) A registered trade union or a
registered employers' organisation may resolve to change or replace its
constitution.

(2) The registered trade union or the
registered employers' organisation must send the registrar a copy of the
resolution and a certificate signed by its secretary stating that the
resolution complies with its constitution.

(3) The registrar must-

(a) register the changed or new
constitution if it meets the requirements for registration; and

(b) send the registered trade union or
registered employers' organisation a copy of the resolution endorsed by
the registrar, certifying that the change or replacement has been
registered.

(4) The changed or new constitution takes
effect from the date of the registrar's certification.

(5) A registered trade union or registered
employers' organisation may resolve to change its name.

(6) The registered trade union or
registered employers' organisation must send the registrar a copy of the
resolution and the original of its current certificate of registration.

(7) If the new name of the trade union or
employers' organisation meets the requirements of section 95(4),20 the
registrar must-

(a) enter the new name in the appropriate
register and issue a certificate of registration in the new name of the
trade union or employers' organisation;

(b) remove the old name from that
register and cancel the earlier certificate of registration; and

(c) send the new certificate to the trade
union or employers' organisation.

(8) The new name takes effect from the date
that the registrar enters it in the appropriate register.

102. Amalgamation of trade unions or
employers' organisations

(1) Any registered-

(a) trade union may resolve to amalgamate
with one or more other trade unions, whether or not those other trade
unions are registered; and

(b) employers' organisation may resolve
to amalgamate with one or more other employers' organisations, whether
or not those other employers' organisations are registered.

(2) The amalgamating trade unions or
amalgamating employers' organisations may apply to the registrar for
registration of the amalgamated trade union or

20. These are the requirements relating to
the name of a trade union or employers' organisation to be registered.
amalgamated employers' organisation, even if any of the amalgamating trade
unions or amalgamating employers' organisations is itself already
registered, and the registrar must treat the application as an application
in terms of section 96.

(3) After the registrar has registered the
amalgamated trade union or amalgamated employers' organisation, the
registrar must cancel the registration of each of the amalgamating trade
unions or amalgamating employers' organisations by removing their names
from the appropriate register.

(4) The registration of an amalgamated
trade union or an amalgamated employers' organisation takes effect from
the date that the registrar enters its name in the appropriate register.

(5) When the registrar has registered an
amalgamated trade union or amalgamated employers' organisation-

(a) all the assets, rights, obligations
and liabilities of the amalgamating trade unions or the amalgamating
employers' organisations devolve upon and vest in the amalgamated trade
union or amalgamated employers' organisation; and

(1) The Labour Court may order a registered
trade union or registered employers' organisation to be wound up if-

(a) the trade union or employers'
organisation has resolved to wind-up its affairs and has applied to the
Court for an order giving effect to that resolution; or

(b) the registrar of labour relations or
any member of the trade union or employers' organisation has applied to
the Court for its winding up and the Court is satisfied that the trade
union or employers' organisation, for some reason that cannot be
remedied is unable to continue to function.

(2) If there are any persons not
represented before the Labour Court whose interests may be affected by an
order in terms of subsection (1), the Court must-

(a) consider those interests before
deciding whether or not to grant the order applied for; and

(b) if it grants the order applied for,
include provisions in the order disposing of each of those interests.

(3) In granting order in terms of
subsection (1), the Labour Court may appoint a suitable person as
liquidator, on appropriate conditions.

(4) (a) The registrar of the Labour Court
must determine the liquidator's fees.

(b) The Labour Court, in chambers, may
review the determination of the registrar of the Labour Court.

(c) The liquidator's fees are a first
charge against the assets of the trade union or employers' organisation.

(5) If, after all the liabilities of the
registered trade union or registered employers' organisation have been
discharged, any assets remain that cannot be disposed of in accordance
with the constitution of that trade union or employers' organisation, the
liquidator must realise those assets and pay the proceeds to the
Commission for its own use.

104. Winding-up of trade unions or
employers' organisations by reason of insolvency

Any person who seeks to wind-up a trade
union or employers' organisation by reason of insolvency must comply with
the Insolvency Act, 1936 (Act No. 24 of 1936), and, for the purposes of
this section, any reference to the court in that Act must be interpreted
as referring to the Labour Court.

105. Cancellation of registration of trade
union that is no longer independent

(1) Any registered trade union may apply to
the Labour Court for an order declaring that another trade union is no
longer independent.

(2) If the Labour Court is satisfied that a
trade union is not independent, the Court must make a declaratory order to
that effect.

106. Cancellation of registration of trade
unions or employers' organisations

(1) The registrar of the Labour Court must
notify the registrar of labour relations if the Court

(a) in terms of section 103 has ordered a
registered trade union or a registered employers' organisation to be
wound up; or

(b) in terms of section 105 has declared
that a registered trade union is not independent.

(2) When the registrar receives a notice
from the Labour Court in terms of subsection (1), the registrar must
cancel the registration of the trade union or employers' organisation by
removing its name from the appropriate register.

(3) When a trade union's or employers'
organisation' s registration is cancelled, all the rights it enjoyed as a
result of being registered will end.

Part B-Regulation Of Federations Of Trade
Unions And Employers' Organisations

107. Regulation of federations of trade
unions or employers' organisations

(1) Any federation of trade unions that has
the promotion of the interests of employees as a primary object, and any
federation of employers' organisations that has the promotion of the
interests of employers as a primary object, must provide to the registrar-

(a) within three months of its formation,
and after that by 31 March each year, the names and addresses of its
members and the number of persons each member in the federation
represents;

(b) within three months of its formation,
and after that within 30 days of any appointment or election of its
national office-bearers, the names and work addresses of those
office-bearers, even if their appointment or election did not result in
any changes to its office-bearers;

(c) within three months of its formation,
a certified copy of its constitution and an address in the Republic at
which it will accept service of any document that is directed to it;

(d) within 30 days of any change to its
constitution, or of the address provided to the registrar as required in
paragraph (c), notice of that change; and

(e) within 14 days after it has resolved
to wind up, a copy of that resolution.

(2) Service of any document directed to a
federation of trade unions or a federation of employers' organisations at
the address most recently provided to the registrar will be, for all
purposes, service of that document on that federation.

(3) The registrar must remove from the
appropriate register the name of any federation that the registrar
believes has been wound up or sequestrated.

Part C-Registrar Of Labour Relations

108. Appointment of registrar of labour
relations

(1) The Minister must designate an officer
of the Department of Labour as the registrar of labour relations to
perform the functions conferred on the registrar by or in terms of this
Act.

(2) (a) The Minister may designate any
number of officers in the Department as deputy registrars of labour
relations to assist the registrar to perform the functions of registrar in
terms of this Act.

(b) A deputy registrar may exercise any of
the functions of the registrar that have been generally or specifically
delegated to the deputy.

(3) The deputy registrar of labour
relations or if there is more than one, the most senior of them, will act
as registrar whenever-

(a) the registrar is absent from the
Republic or from duty, or for any reason is temporarily unable to
perform the functions of registrar; or

(b) the office of registrar is vacant.

109. Functions of registrar

(1) The registrar must keep-

(a) a register of registered trade
unions;

(b) a register of registered employers'
organisations;

(c) a register of federations of trade
unions containing the names of the federations whose constitutions have
been submitted to the registrar;

(d) a register of federations of
employers' organisations containing the names of the federations whose
constitutions have been submitted to the registrar; and

(e) a register of councils.

(2) Within 30 days of making an entry in,
or deletion from, a register, the registrar must give notice of that entry
or deletion in the Government Gazette.

(3) The registrar, on good cause shown, may
extend or condone late compliance with any of the time periods established
in this Chapter, except the period within which a person may note an
appeal against a decision of the registrar.

(4) The registrar must perform all the
other functions conferred on the registrar by or in terms of this Act.

110. Access to information

(1) Any person may inspect any of the
following documents in the registrar's office-

(b) the certificates of registration and
the registered constitutions of registered trade unions, registered
employers' organisations, and councils, and the constitutions of
federations of trade unions and federations of employers' organisations;
and

(c) the auditor's report in so far as it
expresses an opinion on the matters referred to in section 98(2)(b)(ii).

(2) The registrar must provide a certified
copy of, or extract from, any of the documents referred to in subsection
(1) to any person who has paid the prescribed fee.

(3) Any person who is a member,
office-bearer or official of a registered trade union or of a registered
employers' organisation, or is a member of a party to a council, may
inspect any document that has been provided to the registrar in compliance
with this Act by that person's registered trade union, registered
employers' organisation or council.

(4) The registrar must provide a certified
copy of, or extract from, any document referred to in subsection (3) to
any person who has a right in terms of that subsection to inspect that
document and who has paid the prescribed fee.

(5) The registrar must provide any of the
following information to any person free of charge

(a) the names and work addresses of
persons who are national office-bearers of any registered trade union,
registered employers' organisation, federation or council;

(b) the address in the Republic at which
any registered trade union, registered employers' organisation,
federation or council will accept service of any document that is
directed to it; and

(c) any of the details of a federation of
trade unions or a federation of employers' organisations referred to in
section 107(l)(a), (c), and (e).

Part D-Appeals From Registrar's Decision

Appeals from registrar's decision

(1) Within 30 days of the written notice of
a decision of the registrar, any person who is aggrieved by the decision
may demand in writing that the registrar provide written reasons for the
decision.

(2) The registrar must give the applicant
written reasons for the decision within 30 days of receiving a demand in
terms of subsection (1).

(3) Any person who is aggrieved by a
decision of the registrar may appeal to the Labour Court against that
decision, within 60 days of-

(a) the date of the registrar's decision;
or

(b) if written reasons for the decision
are demanded, the date of those reasons.

(4) The Labour Court, on good cause shown,
may extend the period within which a person may note an appeal against a
decision of the registrar.